Landlord Illegally Altered Two-Family House

DOB issued violation notices to landlord for converting a first-floor garage in a two-family house into a Class A apartment, in violation of the Certificate of Occupancy (C of O). Landlord also was charged with converting the first floor into two apartments, and adding three SRO units to the second floor. Landlord claimed that he couldn’t get access to the apartments to correct the violations and had started eviction proceedings in court. The ALJ ruled against landlord and fined him $9,650. Landlord appealed and lost. Neither landlord’s inability to gain access nor his commencement of the eviction proceedings was a defense to the violations. Landlord was responsible for any illegal occupancy violation.

Gonzalez: ECB App. No. 0900562 (2/25/10) [3-pg. doc.]